Board of Building Appeals

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Wednesday, November 9, 2022 6:00 PM THIS IS A SPECIAL MEETING Village Hall - L22 Board of Building Appeals Members Bob Mueller, Marty Igoe, Stephen Flint, John Cullen and Maurice Bernardi Staff Liaisons: Building Commissioner Keith Steiskal Fire Marshal Perry Johnson Board of Building Appeals Minutes November 9, 2022 Call to Order and Pledge of Allegiance The meeting was called to order by Keith Steiskal, Director of Building and Code Enforcement, at 7:01 p.m. Mr. Steiskal led the Pledge of Allegiance Roll Call Present 5 - Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi Also present: William Heniff, AIPC, Director Community Development, Keith Steiskal, Building Commissioner Community Development and Perry Johnson, Fire Marshal. Public Hearings None Business Meeting Approval of Minutes A motion was made by John Cullen seconded by Bob Mueller, to approve the minutes of the February 2, 2022. The motion passed by a unanimous vote. Planner's Report New Business 220359 Text Amendments to the Lombard Village Code- Building Code - Section 150.03 Ordinance granting approval of text amendments to Title 15, Chapter 150, Section 150.030, pertaining to Type 5 construction being allowed for accessory structures used for storage that are at least 10 feet away from other structures. The second item within Section 150.030 pertains to making 4 inches be the minimum thickness of all concrete floor slabs. The third item within Section 150.030 pertains to adopting Appendix F in the International Residential Code to regulate how Radon Mitigation systems are installed. (DISTRICT ALL) Keith Steiskal, Building and Code Enforcement Director introduced amendments to Sections 150.030 and 035 pertaining to requisite construction type for selected accessory structures, slab requirements Village of Lombard Page 1 Board of Building Appeals Minutes November 9, 2022 for garages and adoption of Appendix F pertaining to radon mitigation installations. He stated that the accessory structure wall amendments are intended to set the requisite construction type for such accessory structures when located closer than ten feet from other structures. The proposed amendment provides that Type V(B) construction type (i.e., unprotected wood frame construction) be limited to accessory structures that are more from ten feet from another structure. This issue was raised by contractors earlier this year and the amendments are to codify past interpretations commonly followed in the industry. The amendment for garage slab thickness requirements of four (4) inches is higher that the current International Residential Code (IRC) requirements of a minimum of 3½ inches, but actually reflects construction methods commonly found in this area and helps ensure the structural integrity of garage concrete floors. Lastly, he stated that Appendix F to the IRC pertains to radon mitigation installations, which also existing within the IRC, but also need to be adopted by reference. The BOBA members did not express concerns regarding the first set of code amendments. William Heniff, Community Development Director, stated that if the BOBA members desire, they have the ability to hear each of the presentations and if they choose to do so, make a joint recommendation to approve all of the items at the end. The BOBA members unanimously agreed to consider the seven text amendments on the BOBA meeting agenda in a single vote at the end of the presentations. A motion was made by Maurice Bernardi, seconded by Stephen Flint, that this Ordinance Amendment be approved. The motion carried by the following vote: Aye: 5- Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi 220360 Text Amendments to the Lombard Village Code - Building Code - Section 150.140 Ordinance granting approval of text amendments to the Title 15, Chapter 150, Section 150.140 and 150.141, pertaining to changing the title of the section titled “Residential Use Special Requirements” to “General Construction Requirements” to apply to residential, commercial, and industrial permits. (DISTRICTS - ALL) The amendments are intended to address titling and clarity discrepancies. Village staff found that the existing code provisions within Section 150.040 and 150.041 reference residential provisions in title but 150.041 pertains to general requirements rather than just residential buildings and structures. The amendments also include Village of Lombard Page 2 Board of Building Appeals Minutes November 9, 2022 companion edits for clarity. The BOBA members unanimously supported the amendments. A motion was made by Maurice Bernardi, seconded by Stephen Flint, that this Ordinance Amendment be approved. The motion carried by the following vote: Aye: 5- Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi 220361 Text Amendments to the Lombard Village Code - Building Code - Section 150.050 Ordinance granting approval of text amendments to the Title 15, Chapter 150, Section 150.050, pertaining to adding language to the Plumbing Code to require floor drains in all rooms containing a washing machine where installed over finished space. (DISTRICTS - ALL) In review of the Illinois State Plumbing Code, which is adopted by reference as part of the Village Code it, did not have a provision for requiring a floor drain for any location in which washing machines are above a finished space. Such floor drains are frequently placed in such areas as it can minimize impacts to ceiling space below the washing machine if it were to leak. These drains are commonly placed in residences, but the Code did not specifically require it, so it is being added to the local provisions. The BOBA members unanimously supported the amendments. A motion was made by Maurice Bernardi, seconded by Stephen Flint, that this Ordinance Amendment be approved. The motion carried by the following vote: Aye: 5- Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi 220362 Text Amendments to the Lombard Village Code - Building Code - Section 150.066 Ordinance granting approval of text amendments to the Title 15, Chapter 150, Section 150.066, pertaining to adding language to allow only one electric service per single family house or townhome unit. (DISTRICTS - ALL) To address safety concerns pertaining to principal and accessory structures, the proposed amendment would limit the number of electrical service lines for a single family, two-family or townhome lot be limited to a single service line. This limitation is justified in cases of power loss, emergency action or electrical work being performed on a structure. In such cases, an electrician or responder may shut off the power at a main connection. However, if a separate service feed is being provided on the given premises, this could increase the possibility of electric shock. A motion was made by Maurice Bernardi, seconded by Stephen Flint, that this Ordinance Amendment be approved. The motion carried by the following vote: Village of Lombard Page 3 Board of Building Appeals Minutes November 9, 2022 Aye: 5- Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi 220363 Text Amendments to the Lombard Village Code - Building Code - Section 150.076 Ordinance granting approval of text amendments to the Title 15, Chapter 150, Section 150.076, pertaining to amending ordinance language regarding required elevator inspections from twice a year to once a year to reflect the additional testing the State requires to replace one inspection. (DISTRICTS - ALL) The State of Illinois adopted Safety Code for Elevators and Escalators and the Village adopted the Code by reference. Within our local codes, we had a provision requiring a biannual inspection of elevators, which was performed by our third-party elevator contractor. However, in review of the consultant inspection efforts, Fire Department response to inoperable elevators and rescue activities, and staff’s review of the program prior to and during COVID periods in which single annual inspections were occurring, we found that the inspection focus should change. Instead of a twice annual inspection of elevators, a single requisite inspection could be supported. However, concurrent with this action, additional inspections should be targeted toward those conveyances which have been subject to more frequent breakdowns and maintenance issues, or are becoming obsolete relative to the existing equipment. The new testing provisions on the annual testing also includes additional state required performance testing measures of equipment. A motion was made by Maurice Bernardi, seconded by Stephen Flint, that this Ordinance Amendment be approved. The motion carried by the following vote: Aye: 5- Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi 220364 Text Amendments to the Lombard Village Code - Building Code - Section 150.141 Ordinance granting approval of text amendments to the Title 15, Chapter 150, Section 150.141, pertaining to adding a $50 fee for certificate of occupancy time extensions, owner name changes, or business name change. The second item within Section 150.141 pertains to pre-paying of plan review fees on all projects over $500,000. This language would replace the current application deposit fee language. (DISTRICTS - ALL) The first edit creates a new classification to the Certificate of Occupancy (CO) process for extensions and change of business or ownership entity. In the past many of these types of changes were deemed to require a new CO at the $100.00 rate. However, this amendment creates a new classification for such changes and a 50% reduced fee (i.e., $50.00). Village of Lombard Page 4 Board of Building Appeals Minutes November 9, 2022 The second edit eliminates the previous plan review deposit fee of $10,000 for major projects and requires prepayment of the plan review fee for any project with an estimated construction cost of over $500,000. This new approach has been successfully implemented in other communities. The fee would be based off of the estimated construction cost figures provided by the permit applicant. This approach will also reduce the amount of staff time tracking such deposits, credits and/or reimbursements. Most importantly, this charge only applies to the plan review fee and not the full cost of the permit fee. Additionally, the prepayment is not an additional fee and would be collected as part of the permit issuance anyway - the actual cost of the permit remains unaffected. The BOBA members unanimously supported the amendments. A motion was made by Maurice Bernardi, seconded by Stephen Flint, that this Ordinance Amendment be approved. The motion carried by the following vote: Aye: 5- Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi 220365 Text Amendments to the Lombard Village Code - Residential Building Code - Section 150.317 Ordinance granting approval of text amendments to the Title 15, Chapter 150, Section 150.317, pertaining to the swimming pool code. Staff is proposing removal of redundant ordinances already covered in the adopted International Pool Code. Staff also recommends removal of the pool barrier exception that would allow no fence around a pool with a certain type pool cover. (DISTRICTS - ALL) The first edit removes all local references and code provisions that were previously a part of our swimming pool code provisions and replaces it with the International Swimming Pool and Spa Code (the “Pool Code”) in its entirety. In review of the Pool Code, in cases which an automatic pool cover is provided, a fence barrier requirement is not required. Staff finds that this still presents a substantial safety concern as it suggests that the pool cover itself would be in place at all times when people are otherwise not present. Many pool accidents occur during short periods of time when individuals may be away momentarily, otherwise distracted or are the result of general property encroachments. To that end, the value of a physical safety fence barrier should still be required, and that the exemption provision from the Pool Code should be stricken from the local provisions. The BOBA members unanimously supported the amendments. A motion was made by Maurice Bernardi, seconded by Stephen Flint, that this Ordinance Amendment be approved. The motion carried by the following vote: Aye: 5- Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi Village of Lombard Page 5 Board of Building Appeals Minutes November 9, 2022 Other Business Keith Steiskal noted that staff will be preparing several items for consideration at future BOBA meetings in 2023. They include the following: 2021 State mandated amendments to the International Conservation Code: Keith Steiskal noted that the proposed amendments were approved by the state earlier in 2021, with it becoming effective in Spring, 2022. However, they have not set an effective date for implementation. He noted a few of the proposed amendments including R30 exterior wall installation requirements and its implications. Members Cullen, Flint and Bernardi discussed the cost concerns of the provisions as well as other methods that could be used to meet the intent of the code provisions. Steiskal also noted further energy code concepts if the Village was seeking a higher standard beyond the mandate requirements, referenced as a “stretch code”. He stated that when the Village is informed of the implementation of the ICC, he will let the members know. Fire Alarm Requirement Amendments: Perry Johnson, Fire Marshal stated that in 2023, amendments will be brought to BOBA to address questions does it need a fire alarm, use, type of construction, no direct code provisions that sets forth clear provisions of when alarms would be required. The codes are clear as to when fire sprinklers are needed. This also relates to elevator testing, connections and recalls to alarm panels. Cullen noted an overheating experience in a pump room at a Lombard apartment building. Johnson noted concerns about older building near the downtown, some of which are mixed use buildings, which does pose a safety concern if a fire event occurs in the first level and spreads to a higher, residential level. Bernardi sought clarifications between existing sprinkler require and alarm requirements. Johnson noted other applications in which should warrant further alarm systems. Steiskal noted provisions pertaining a change of use, new business and recall detectors for elevators typing into an alarm. Citing experiences with grease traps, there would be compliance timeline provisions. Johnson noted the new requirements with 10-year battery alarms, unless hardwired detectors are in place. Plan Review Requirements: Steiskal noted that based upon the review of past permits, that the need to review the architectural standards and requirements of plans needs to be formally reviewed and to develop submittal standards. Village of Lombard Page 6 Board of Building Appeals Minutes November 9, 2022 Occupational Requirements: Noting some concerns with past development projects and house-flipping projects, staff will be reviewing additional provisions similarly to electricians and plumbers to ensure that some professional standards should be met (for HVAC contractors, carpenters, and the like). Flint noted contractor listing requirement, or lack thereof, for other neighboring communities - staff will be following up accordingly. Residential Knox Box Program: Johnson showed the BOBA members a sample residential Knox box for residential property owners seeking such a key box. Adjournment A motion was made by Bob Mueller seconded by Marty Igoe, to adjourn the meeting at 7:09 p.m. The motion passed by a unanimous vote. Village of Lombard Page 7